General terms and conditions
- Firma Law (FL) is the commercial name of a law firm operating through the following separate and distinct legal entities :
Lemahieu & Dewulf Advocaten BV, Westlaan 353, 8800 Roeselare, VAT BE0436.555.032.
Advolem BV, Verenigingstraat 36, 1000 Brussel, VAT BE0837.037.546.
JOSVI BV, Mgr. Eugeen Laridonstraat 66, 8800 Roeselare, VAT BE0705.823.468.
DEMIUS BV, Korenbloemstraat 55, 8820 Torhout, VAT BE0647.713.540.
- The contractual relationship exists between the client and the entity of which the VAT number (mentioned above here inbold) is indicated under the signature of the lawyer(s) dealing with the file, even if the client has contacts with one or more lawyers of FL.
- These general terms and conditions apply to all services performed by the lawyers of FL. These general terms and conditions will prevail over any contrary, general terms and conditions of the client unless agreed upon otherwise in writing by FL.
- Depending on the nature and complexity of the matter, for specific matters, FL is entitled to call upon the services of lawyers of other law firms.
- If FL is under an obligation (by law, applicable rules of professional responsibility, or otherwise) to conduct a prior or other client investigation, the client will furnish all relevant information, documents and supporting evidence requested by FL. FL reserves the right to terminate the performance of its services in the event of non-cooperation by the client, irrespective of whether services were already furnished before such non-cooperation and without prejudice to the client’s obligation for payment for legal services rendered and additional charges incurred before termination.
- Our fees for services are in principle based on the time spent on the matter, computed at our hourly rates for the persons performing the services. We calculate in principle our costs on a per-unit basis, with a fixed cost per unit (kilometre, letter, etc.). Both the hourly rates and the charges for costs are communicated to the client at the start of the client-lawyer relationship and will, in any event, we furnish to the client at its first request and free of charge. These rates and charges are VAT excluded. Our rates and charges are subject to change, without prior notice.FL reserves the right to request the client an advance payment for services to be performed or costs to be incurred. Statements of fees and expenses are in principle issued on a monthly basis and are payable within 30 days following the issuance date. In the event of late payment, the legal interest and a lump-sum indemnity of 10% of the outstanding amount are due from the issuance date of the statement and without prior notice.
- The liability of FL and its lawyers, either contractual or in tort, towards its clients and any third parties for any damage, loss or cost relating directly or indirectly to any service, action or non-action by FL or any of its lawyers is in any event limited to the amount of indemnification actually paid to FL under its professional liability insurance, save in the event of wilful misconduct or fraud by FL. A copy of the terms and conditions of such professional liability insurance will be communicated to the client at first request and free of charge.
- FLmay terminate its representation of the client for any reason consistent with the applicable rules of professional responsibility or if unpredictable or unforeseen circumstances occur following the engagement of FL which renders the performance of services by FL difficult or impossible. The client may terminate the representation by FL at any time in writing. Termination of the services of FL will not affect the client’s responsibility for payment for legal services rendered and additional charges incurred before termination and relating to a proper transition of the client’s matters.
- WhileFLundertakes reasonable attempts to exclude from its emails and their attachments any virus or another defect that might affect any computer or IT system, it remains the client’s responsibility to ensure that appropriate measures are in place to protect the client’s computer and IT system against any such virus or defect. FL does not accept any liability for any loss or damage that may arise from the receipt or use of electronic communications from FL.
- Belgian law applies to the relationship between FL and the client. If a dispute occurs, the courts of Kortrijk (Belgium) have sole and exclusive competence. FL remains however entitled to file a claim with the courts of the residence or the registered office of the client.
(version of January 2020)